2019-01-14 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 14 JANUARY 2019


      5C.   After the Council has completed the staged upgrade works to Cooroy Mountain Road,
            weekly trucks shall be limited as follows:
            b)     75 Trucks (namely all semi-trailers, tankers and other trucks, but excluding B-
                   doubles) per week
      Note: the road upgrade referred to is the upgrading of the remaining 2.2 kilometres of Cooroy
      Mountain Road to provide two (2) 3.5-metre-wide traffic lanes with a 1.0 metre wide sealed
      shoulder to a total formation width of 9.0 metres. It is envisaged that the upgrade works to
      Cooroy Mountain Road will be completed in the financial year (Insert year to Council’s
      discretion).

2.    SITE DETAILS
2.1. Background
A development approval for a Home Occupation (Bottling of Natural Spring Water) was granted in
September 1991 and has since operated as Cooroy Mountain Spring Water. Over time, the
business expanded significantly.
In February 2006 an application was lodged for the Resource Based Spring Water Bottling Plant.
The use included on-site bottling and packaging of spring water from 3 bores and employed up to
60 people in peak periods. The associated factory on the site is approximately 3,000m2 in size.
During the public notification of the application 28 objections were received as well as 3 letters and
1 petition with 264 signatures in support of the application. The objections were primarily concerned
with amenity impacts - that the use could be more appropriately located, lack of need, excessive
traffic and the use being inappropriate in a water supply catchment area.
Staff recommended the application be refused because the subject development was considered
likely to impact on the amenity of residents in the area and did not demonstrate sufficient planning
need to operate from the site to overcome the conflict with The Noosa Plan. Noosa Council decided
to approve the application and issued a Development Permit on 6 March 2008. The applicant
subsequently made representations to the development approval conditions. Council agreed to
some of the changes and issued a Negotiated Decision Notice.
On receipt of the decision, six submitters who objected to the development lodged an appeal to
the Planning and Environment Court (No. 314/08) seeking that the application be refused. The
applicant (Cooroy Mountain Spring Water) also lodged a separate appeal to the Court seeking
amendments to Conditions 5 and 16 relating to hours of operation, vehicle movements and
roadworks contributions.
On 2 August 2010 an agreement was reached by all parties after the applicant agreed to include
additional conditions on the approval. The decision is included as Attachment 1.
Administrators were appointed for the Cooroy Mountain Spring Water companies in September
2011 and the operation ceased around August 2012. The new owner purchased the company from
the receivers in July 2013.
The new owner made a change application in February 2014. The application sought a pre-
response request for a permissible change to conditions of approval and the proposed changes
were agreed to by Council in May 2014. An amended Court order was issued on 23 January 2015.
The amended approval resulted in the deletion of Condition 5B and amendment to Condition 5C.
These conditions had placed limits on the amount of truck visits to the site. Separate limits were
set for pre and post the completion of staged upgrade works to Cooroy Mountain Road. The staged
upgrade works were to be carried out by Council. Comments within the original delegated report
include, “as this additional traffic would affect the serviceability of the road it is considered
appropriate that this development would pay a monetary contribution towards upgrading of Cooroy
Mountain Road and Topaz Street.”
Condition 5C was also amended so that truck visits were limited to 8 trucks per day with B-Doubles
not permitted. The pre and post staged upgrade limits were removed given the proposed reduction

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